The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-13
PRISONER C0Y'S PRIVILEGES
Sheriff King Allows Him to Go Out Upon
the Streets to Attend to Business.
The Liberties Permitted the Democratic Boss
by His Keepers Attracts Attention and
Is Unfavorably Commented Upon.

| The Liberties Permitted the Democratic Boss
by His Keepers Attracts Attention and
Is Unfayorably Commented Upon.
When Simeon Coy went to jail in the interest
of the conspirators generally, and himself in par
ticular, it was presumed he would stay there,
at least until the habeas corpus question de-
! cided Sheriff KING and Turnkey Clarke could
be counted on in giving him whatever privileges
| Jail regulations would permit 1t was not ex-
| pected that he would be put in the dungeon and
chained to the cold stone floor, but it is con-
sidsred by good lawyers that Coy's going to Jail
| meant that he should be treated with no greater
| favor than others who are held under charge or
conviction. Prisoners who could not be dragged
| out of Jail until the law released them-and
| there are many of that class are often allowed
tho privilege of the Offices and jail-yards yet il
the question legally tested it is the opinion
| OF lawyers who ought to know what they are
saying. that the sheriffs would in all such cases
| be held as having transcribed their duties No
body seemed to care particularly whether Coy
| had the run of the turkeys office.
| nor whether he promenaded within
| the precincts of the Jail Nobody
thought about robbins him OF daintier food
| than that given other prisoners. but when he
| was seen driving about the streets. yesterday
| afternoon, the people began to inquire why this
| extraordinary privilege should be given Coy
| when Perkins was held closely TO Jail until re-
| leased bail.
| 1t was between 2 and o'clock in the
| afternoon that Coy was getting out
of his buggy at the corner Of Delaware and Ohio
streets He entered house and the deputy
sheriff or rather deputy turnkey, who accom-
inY haI "a
turned few minutes later they were on
| Market street, when the DEPUTY turnkey. Robert
| who went into an abstracter's Office. After
| this, they drove away and about o'clock re-
| turned to the Jail, where the little Democratic
| boss was found two hours later. sitting in the
turkeys Office. in close consultation with
/ Councilman Burns
| Ibid you enjoy your drive?' Journal re-
| porter asked as he entered the room
"Oh res. but was out business"
'You were seen the streets, and public
| opinion is inclined to make it warm for Sheriff
/ King for allowing you that privilege"
ut is, chi" and for the first time since his Jail
| life began, the little boss showed irritation at
/ what had been told him concerning the talk out
| side. king is not to blame had business to
] attend to and nobody else could do it for me.
1 There were some street assessments to be
looked after and other matters required my at
i teution. was not given an hour. and deputy
| went with me. ! asked that officer should
/ accompany me. Well, the public may talk as it
/ pieases, hut if was inclined / could tell some
| things that would startle the community"
begin now. You will never have better
| chance"
| mo. sir. What know will die with me. I
| intend to stay here until my is decided by
/ Justice Harlan. 1t has been told me that
could get bail, but / prefer being here until
| there is no longer a question of the governments
| right to prosecute me and you could not induce
me to run away And Simeon cast an admiring
| glance at his button hole bouquet gave the air
gentle circle with his cane and changed the sub
| ject to politics.
Coy often talks about his Willingness to stay in
| jail-that it gives him rest and that he is not
| required to rua at the beck and call of every
| able bodied Democratic candidate but in the alb
stracters Office yesterday afternoon, he let slip
| an expression two that shows the true
| fee he met acquaintance ard shaking hands
with him. said. You may say what you please,
but it. pleasanter to be out of Jail than in
'Yes Sim but in this life the bitter comes
| with the sweet. replied the acquaintance
| n am getting good deal of the bitter just
| now" and with this he turned to the abstracter
| to transact part of the business that induced
| Sheriff King to let him out of jail 1t related
| to the sae OF Coy's house and lot at the corner
| of Alabama and South streets
Coy's presence the streets recalled the
| Reinman incident which occurred several years
| ago. Judge Gresham sent Reinman to Jail for
| contempt OF court The time OF imprisonment
was limited to twenty four hours, but Turnkey
| Mcfarland thought he knew more about Jail
PRIVILEGES than the Judge and that night went
with Reinman to aspread at the prisoners saloon.
| Mcfarland did not at any time place Reinman
| in the body of the Jail. and on next day the
| turnkey, when arraigned before Judge Gresham
| for disobeying the orders OF court, said: "Ihe
| marshal told him not to be particular about the
| prisoner" The marshal denied this and Me-
| Farland was fined $500 He had no property sub
| ject to execution, and after time he paid the
| costs, while Congress had to relieve him of the
| fine by special act. 1t is considered that Sheriff
| King. in allowing Coy to go onto the streets to
transact business, has made himself liable to like
| punishment He permitted his prisoner to go
| on his own responsibility, as no order of udge
| Woodss had been given to that effect Tho Judge
NJ sk sa vnoA
| nothing of the United States prisoners extra
ordinary use of sherffs leniency.
What difference is there between imprison-
| ment before and after conviction ~ was asked of
| leading attorney.
None Whatever he replied. I'm this in
| stance Coy was sent to Jail in default of bail,
| are just the same as it he was held under con-
| viction He should be kept in the body of the
Jail like other prisoner unless there is an or
| der of the court to the contrary. l know there
| are many instances Of privileges granted to
| prisoners where they have been allowed to visit
| their families attend funerals under the Gus
tody of an officer, but doubt il such thing
can be legally done, even under an order of
court Imprisonment means retention in the
body of a jail. not IN the sherihs office Sheriff
King can find no law to sustain him In what
| he has done.'
| The Same question was put to another law
yer, who said: "Coy was sent to Jail on a COM
mitment He did not give bail pending trial.
If he is convicted he will DO held in Jail by de-
cree. AS far as the Imprisonment is concerned
commitment and decree are thu same thing. Ie
makes no difference how he got in Jail He is
there, subject to the orders of the court No
feature of the habeas corpus case enters into his
retention, nor does any permit the sheriff to re-
lax his duties in regard to Coy pending de-
cision of the question. If prisoner is let out
for an hour. he can be let out for day, the
sheriff might decide to not keep him at ALL In
that case imprisonment would mean nothing
and the court be set aside by the sheriff.
Superior Court Suits Filed Yesterday.
Rosa E. Mallory George Malery; complaint
for divorce. Cruel treatment and abandonment.